Students STUDENT RECORDS Definitions AR 5125(a)

Students
AR 5125(a)
STUDENT RECORDS
Definitions
“Student” means any individual who is or has been in attendance at the district and
regarding whom the district maintains education records. (34 CFR 99.3)
“Attendance” includes but is not limited to attendance in person or by paper
correspondence, videoconference, satellite, Internet, or other electronic information and
telecommunication technologies for students who are not physically present in the
classroom, and the period during which a person is working under a work-study program.
(34 CFR 99.3)
“Student Record” means records that are directly related to an identifiable student and
maintained by the district or required to be maintained by an employee of the district in the
performance of his/her duties, regardless of the physical form in which it is maintained.
Student records include the student's health record. (Education Code 49061, 49062;
5 CCR 430; 34 CFR 99.3) The terms “student record,” “education record,” and “pupil
record” mean the same thing and are used interchangeably throughout this policy.
Student records do not include: (Education Code 49061, 49062; 5 CCR 430; 34 CFR 99.3)
1.
Informal notes related to a pupil compiled by a school officer or employee which
remain in the sole possession of the maker, are used only as a personal memory
aid and are not accessible or revealed to any other person except a substitute
employee.
2.
Records of the law enforcement unit of the district, subject to the provisions of 34
CFR 99.8.
(cf. 3515 – Security)
3.
Records relating to an individual who is employed by an educational agency or
institution that are maintained in the normal course of business; relate exclusively
to the individual in that individual's capacity as an employee; and are not available
for use for any other purpose.
4.
Records on a student who is 18 years of age or older, or is attending an institution
of postsecondary education, that are made or maintained by a physician,
psychiatrist, psychologist, or other recognized professional or paraprofessional
acting in his or her professional capacity or assisting in a paraprofessional
capacity; made, maintained, or used only in connection with treatment of the
student; and disclosed only to individuals providing the treatment. For the purpose
of this definition, “treatment” does not include remedial educational activities or
activities that are part of the program of instruction at the district.
AR 5125(b)
STUDENT RECORDS (continued)
5.
Records created or received by the district after an individual is no longer a
student in attendance and that are not directly related to the individual’s
attendance as a student. (CCR 430)
6.
Grades on peer-graded papers before they are collected and recorded by a
teacher.
“Disclosure” means to permit access to, or the release, transfer, or other communication
of, personally identifiable information contained in student records to any party, except the
party that provided or created the record, by any means including oral, written, or
electronic. (34 CFR 99.3)
“Access” means a personal inspection and review of a record, or an accurate copy of a
record, or receipt of an accurate copy of a record, or an oral description or communication
of a record and a request to release a copy of any record. (Education Code 49061)
“Personally Identifiable Information” includes, but is not limited to: (34 CFR 99.3)
1.
The student's name
2.
The name of the student's parent/guardian or other family members
3.
The address of the student or student's family
4.
A personal identifier, such as a student ID number
5.
Other indirect identifiers such as the student's date of birth, place of birth and
mother's maiden name
6.
Other information that, alone or in combination, is linked or linkable to a specific
student that would allow a reasonable person in the school community who does
not have personal knowledge of the relevant circumstances to identify the student
with reasonable certainty
7.
Information requested by a person who the district reasonably believes knows the
identity of the student to whom the student record relates
“Adult Student” means a person who is or was enrolled in school and who is at least 18
years of age. (5 CCR 430)
AR 5125(c)
STUDENT RECORDS (continued)
“Parent/Guardian” means a natural parent, an adopted parent, legal guardian, surrogate
parent, or foster parent. (Education Code 49061, 56028, 56050, 56055) Parent/guardian
rights are accorded to the pupil once the pupil has attained the age of 18 or is attending an
institution of postsecondary education.
“School Officials and Employees” are officials or employees whose duties and
responsibilities to the district, whether routine or as a result of special circumstances,
require that they have access to student records. This includes contractors or consultants
acting on behalf of school officials and employees.
“Legitimate Educational Interest” is an interest held by any school official, employee,
contractor or consultant whose duties, responsibilities, or contractual obligations to the
district, whether routine or as a result of special circumstances, require him/her to have
access to student records.
“Custodian of Records” is the employee responsible for the security of student records
maintained by the district and for devising procedures for assuring that access to such
records is limited to authorized persons. (5 CCR 433)
“County Placing Agency” means the county social service department or county probation
department. (Education Code 49061)
“Mandatory Permanent Records” mean student records which are maintained in perpetuity
and which schools have been directed to compile by state law, regulation, or
administrative directive and include the following: (5 CCR 430, 5 CCR 432, 437)
1.
Legal name of student
2.
Date and place of birth and method of verifying birth date
(cf. 5111 – Admission)
3.
Sex of student
4.
Name and address of parent/guardian of minor student
a. Address of minor student if different from the above
b. Annual verification of parent/guardian's name and address and student's
residence
(cf. 5111.1 – District Residency)
AR 5125(d)
STUDENT RECORDS (continued)
5.
Entrance and departure dates of each school year and for any summer session or
other extra session
6.
Subjects taken during each year, half-year, summer session or quarter, and
marks or credits given
(cf. 5121 – Grades/Evaluation of Student Achievement)
7.
Verification of or exemption from required immunizations
(cf. 5141.31 – Immunizations)
8.
Date of high school graduation or equivalent
“Mandatory Interim Records” means student records which the schools are directed to
compile and maintain for stipulated periods of time and are then destroyed in accordance
with state law, regulation or administrative directive. (5 CCR 430) Mandatory interim
student records, unless forwarded to another district, shall be maintained subject to
destruction during the third school year after the school year in which they originated,
following a determination that their usefulness has ceased or the student has left the
district. These records include: (Education Code 48918, 51747; 5 CCR 432, 437, 16027)
1.
Expulsion orders and the causes therefor
(cf. 5144.1 – Suspension and Expulsion/Due Process)
(cf. 5144.2 – Suspension and Expulsion/Due Process (Students with Disabilities))
2.
A log identifying persons or agencies who request or receive information from the
student record
3.
Health information including verification/waiver of school health entry screening
(cf. 5141.32 – Health Screening for School Entry)
4.
Information on participation in special education programs, including required
tests, case studies, authorizations and evidence of eligibility for admission or
discharge
(cf. 6159 – Individualized Education Program)
(cf. 6164.4 – Identification and Evaluation of Individuals for Special Education)
AR 5125(e)
STUDENT RECORDS (continued)
5.
Language training records
(cf. 6174 – Education for English Language Learners)
6.
Progress slips/notices required by Education Code 49066 and 49067
7.
Parental restrictions/stipulations regarding access to directory information
8.
Parent/guardian or adult student rejoinders to challenged records and to
disciplinary action
9.
Parent/guardian authorization or denial of student participation in specific
programs
10. Results of standardized tests administered within the past three years
(cf. 6162.52 – High School Exit Examination)
11. Written findings resulting from an evaluation conducted after a specified number
of missed assignments to determine whether it is in a student's best interest to
remain in independent study
(cf. 6158 – Independent Study)
“Permitted Student Records” means records having clear importance only to the current
educational process of the student. (5 CCR 430) Permitted student records may be
destroyed six months after the student completes or withdraws from the educational
program, including: (5 CCR 432, 437)
1.
Objective counselor and/or teacher ratings
2.
Standardized test results older than three years
3.
Routine disciplinary data
(cf. 5144 – Discipline)
4.
Verified reports of relevant behavioral patterns
5.
All disciplinary notices
6.
Supplementary attendance records
AR 5125(f)
STUDENT RECORDS (continued)
Records shall be destroyed in a way that assures they will not be available to possible
public inspection in the process of destruction. (5 CCR 437)
Statement of Compliance
The district complies with all federal and state laws pertaining to the creation, maintenance
and destruction of student records including Family Educational Rights and Privacy Act
(20 USC 1232g; 34 CFR 99, et seq.), the California Education Code sections 49061 et
seq., and its implementing regulations. (5 CCR 430 et seq.)
Retention and Destruction of Student Records
1.
No additions except routine updating shall be made to a student’s record after
high school graduation or permanent departure without prior consent of the
parent/guardian or adult student. (5 CCR 437 (a))
2.
Mandatory Permanent Student Records shall be kept in perpetuity. (5 CCR
437(b))
3.
Unless forwarded to another district, Mandatory Interim Student Records may be
destroyed three years after determining that their usefulness has ceased or that
the student has left the district. (5 CCR 437(c))
4.
Permitted Student records may be destroyed when their usefulness ceases at any
time. They will be destroyed six months after the student completes or withdraws
from the educational program. (5 CCR 437(d))
5.
Records shall be destroyed in a way that guarantees they will not be viewed by
the public. (5 CCR 437)
Persons Granted Access
The following persons shall have absolute access to any and all student records in
accordance with law:
1.
Parents/guardians of students younger than age 18 years, including the parent
who is not the student's custodial parent (Family Code 3025)
2.
An adult student age 18 years or older, or a student under the age of 18 years
who attends a postsecondary institution, in which case the student alone shall
exercise rights related to his/her student records and grant consent for the release
of records. (34 CFR 99.3, 99.5)
AR 5125(g)
STUDENT RECORDS (continued)
3.
Parents/guardians of an adult student with disabilities who is age 18 years or
older and has been declared incompetent under state law. (Education Code
56041.5)
(cf. 6159 – Individualized Education Program)
In addition, the following persons or agencies shall have access to those particular records
that are relevant to their legitimate educational interest or other legally authorized purpose,
without written parental consent or under judicial order:
1.
Parents/guardians of a student age 18 or older who is a dependent child as
defined under 26 USC 152. (Education Code 49076; 34 CFR 99.31)
2.
Students who are age 16 or older or who have completed the 10th grade.
(Education Code 49076; 34 CFR 99.31)
3.
School officials and employees of the school district, as defined above, and
members of a school attendance review board.
(cf. 5113.1 – Chronic Absence and Truancy)
4.
Officials and employees of other public schools or school systems where the pupil
intends to, or is directed to enroll.
5.
Federal, state, and local officials, as needed for an audit, evaluation, or
compliance activity related to a state or federally funded education program.
6.
District attorney, judge, or probation officer participating in a truancy mediation
program pursuant to the Welfare and Institutions Code and/or the district
attorney’s office for consideration against a parent/guardian for failure to comply
with compulsory education laws.
7.
Probation officer, district attorney, or counsel of record for a minor for purposes of
conducting a criminal investigation, declaring a person a ward of the court, or
involving a violation of a condition of probation, follow efforts to inform or provide
written notice to parent within 24 hours of release.
8.
Any county placing agency acting as an authorized representative of a state or
local educational agency which is required to audit or evaluate a state or federally
supported education program pursuant to item #5 above.
AR 5125(h)
STUDENT RECORDS (continued)
9.
Any person, agency or organization authorized in compliance with a court order or
lawfully issued subpoena. Unless otherwise instructed by the court or other
exemption applies, the Superintendent or designee shall make reasonable efforts,
prior to disclosing a record pursuant to a court order or subpoena, to give the
parent/guardian or adult student notice of the name of the requesting agency and
the specific record requested, if lawfully possible within the requirements of the
judicial order prior to the disclosure. (Education Code 49077; 5 CCR 435; 34 CFR
99.31)
10. A pupil 14 years of age or older, when the pupil is both a homeless child or youth,
and is an unaccompanied youth as defined by the McKinney-Vento Homeless
Assistance Act.
11. Individual who completes Caregiver’s Authorization Affidavit for purposes of
enrolling the minor in school.
12. An agency caseworker or other representative of a state or local child welfare
agency or tribal organization that has legal responsibility for the care and
protection of the pupil.
13. Foster family agencies with jurisdiction over currently enrolled or former pupils
may access records of grades and transcripts, and any individualized education
programs that may have been maintained by school districts or private schools of
those pupils. (Education Code 49069.3)
14. Appropriate law enforcement authorities, in circumstances involving a proper
police purpose, including notification of any acts of the pupil that may violate
Section 245 of the Penal Code or information specific to a particular pupil’s
identity and location that relates to the transfer of that pupil’s records to another
school district or to a private school in this state. (Education Code 48902, 49076,
49076.5)
At his/her discretion, the Superintendent or designee may release information from a
student's records to the following:
1.
Appropriate persons in connection with an emergency if information is necessary
to protect the health or safety of the pupil or other persons. When disclosing
information pursuant to this section, the Superintendent or his designee must
record the threat to the pupil’s health or safety that formed the basis for the
disclosure and the parties to whom the information was disclosed. (34 CFR §
99.32(a)(5))
AR 5125(i)
STUDENT RECORDS (continued)
2.
Accrediting associations in order to carry out accrediting functions.
3.
Organizations conducting studies for educational agencies/institutions for
purposes of developing, validating or administering predictive tests, administering
student aid programs and improving instruction.
4.
Officials and employees of private schools or school systems where the student is
enrolled or intends to enroll.
5.
Contractor or consultant with a legitimate educational interest who has formal
written contract with the school district for provision of outsourced institutional
services or functions, not including volunteers or other parties.
6.
Agencies or organizations in connection with the application of a pupil for, or
receipt of, financial aid for purposes of determining eligibility, amounts and terms
of the financial aid.
7.
County elections official for the purpose of identifying pupils eligible to register to
vote.
8.
Appropriate law enforcement authorities in circumstances involving a proper
police purpose. (Education Code 48902, 49076, 49076.5)
9.
Local health departments operating countywide or regional immunization
information and reminder systems and the California Department of Public Health,
in which case the Superintendent or designee shall notify the student's parent/
guardian of his/her rights in accordance with law prior to releasing the information.
(Health and Safety Code 120440)
10. Participation in an interagency data information system that permits access to a
computerized database system within and between governmental agencies or
school districts as to information or records that are non-privileged, and where
release is authorized as to the requesting agency under state and federal law and
provided the district has developed adequate security and confidentiality
procedures prohibiting unauthorized personnel to access data in the system.
(Education Code 49076)
11. In accordance with the district’s Release of Directory Information Board Policy and
Administrative Regulation 5125.1.
AR 5125(j)
STUDENT RECORDS (continued)
All other persons, agencies or organizations not listed above may be granted access only
through written consent of a parent/guardian with legal custody of the student. Either
parent may grant consent if both parents notify the district in writing that such an
agreement has been made. (Education Code 49061) A parent without legal custody may
be granted access only if both parents have provided written agreement to the disclosure.
Process for Providing Access to Records
Authorized persons shall submit a request to the principal of the school where the student
attends in order to inspect, review or obtain copies of student records. Prior to granting
the request the custodian of records shall authenticate the individual's identity. For any
individual seeking access based on a legitimate educational interest, the request shall
specify the interest involved.
When prior written consent is required by law, the parent/guardian shall provide a written,
signed and dated consent before the district discloses the student record. Such consent
may be given through electronic means in those cases where it can be authenticated. The
consent shall specify the records that may be disclosed, state the purpose of the
disclosure and identify the party or class of parties to whom the disclosure may be made.
Upon request by the parent/guardian, the district shall provide him/her a copy of the
records disclosed. (34 CFR 99.30)
Student records are maintained at the school the student attends unless otherwise
specified in the district’s annual notification. Within five business days following the date
of request, a parent/guardian or other authorized person shall be granted access to
inspect, review and obtain copies of student records during regular school hours.
(Education Code 49069) Qualified certificated personnel shall be available to interpret
records when requested. (Education Code 49069)
A log shall be maintained for each student's record which lists all persons, agencies or
organizations that have requested or received information from the records, and the
legitimate educational interest of the requester. The log shall also include the time and
circumstances of the inspection. (Education Code 49064, 5 CCR 435)
The log does not need to include record of access by: (Education Code 49064)
1.
Parents/guardians or pupils entitled to absolute access
2.
Parties obtaining district-approved directory information
AR 5125(k)
STUDENT RECORDS (continued)
3.
Parties who provide written parental consent, in which case the consent notice
shall be filed with the record pursuant to Education Code 49075
4.
School officials and employees who have a legitimate educational interest
Access Log
The log or record shall be open for inspection only by a parent and the school official, or
his designee, responsible for the maintenance of pupil records and certain state or federal
officials. (Education Code 49064)
Reasonable Charge for Student Records
Upon request for copies of a student’s records, the district may charge a reasonable fee
not to exceed the actual cost of duplicating the records. No charge shall be made for
providing up to two transcripts or up to two verifications of various records for any former
student. No charge shall be made to locate or retrieve any student record.
Transfer of Student Records
When a student transfers into this district from another district, the Superintendent or
designee shall request that the student's previous district provide any records, including
records regarding acts committed by the transferring student that resulted in his/her
suspension or expulsion. (Education Code 48201) Upon requesting records, the district
will notify the parent/guardian of the incoming student of his or her right to receive a copy
of the record and a right to a hearing to challenge the content of the record.
(cf. 4158/4258/4358 – Employee Protection (Personal Safety)
(cf. 5119 – Students Expelled From Other Districts)
When a student transfers from this district to another school district or to a private school,
the Superintendent or designee shall forward a copy of the student's permanent record
within 10 school days of the district's receipt of the request for the student's records.
Upon receiving a request from a county placing agency to transfer a student in foster care
out of a district school, the Superintendent or designee shall transfer the student's records
to the next educational placement within two business days. (Education Code 49069.5)
All student records shall be updated before they are transferred. (5 CCR 438)
AR 5125(l)
STUDENT RECORDS (continued)
A transferring student’s records shall not be withheld from the requesting district because
of any charges or fees owed by the student or parent/guardian. (5 CCR 438) However, if
the district is withholding grades, diploma or transcripts from the student because of
his/her damage or loss of school property, this information shall be sent to the requesting
district along with the student's records.
Notification of Parents/Guardians
Upon any student's initial enrollment, including when a student transfers into this district
from any other school district or a private school, and at the beginning of each school year
thereafter, the Superintendent or designee shall notify parents/guardians and eligible
students, in writing, of their rights related to student records including the right to review,
challenge and receive a copy of their student record. The district may provide this notice
by any means reasonably likely to inform the parents/guardians or eligible students of their
rights, including insofar as practicable, in the student's home language. (Education Code
49063; 34 CFR 99.7)
(cf. 5145.6 – Parental Notifications)
The notice shall include: (Education Code 49063; 34 CFR 99.7, 99.34)
1.
The types of student records kept by the district and the information contained
therein which are directly related to students and maintained by the district.
2.
The title(s) of the official(s) responsible for maintaining each type of record.
3.
The location of the log identifying those who request information from the records.
4.
District criteria for defining school officials and employees and for determining
legitimate educational interest.
5.
District policies for reviewing and expunging student records.
6.
The right to inspect and review student records and the procedures for doing so.
7.
The right to challenge and the procedures for challenging the content of a student
record that the parent/guardian or student believes to be inaccurate, misleading or
otherwise in violation of the student's privacy rights.
8.
The cost, if any, charged for duplicating copies of records.
AR 5125(m)
STUDENT RECORDS (continued)
9.
The categories of information defined as directory information pursuant to
Education Code 49073.
10. The right to consent to disclosures of personally identifiable information contained
in the student's records except when disclosure without consent is authorized by
law.
11. Availability of the curriculum prospectus developed pursuant to Education Code
49091.14 containing the titles, descriptions and instructional aims of every course
offered by the school.
(cf. 5020 – Parent Rights and Responsibilities)
12. Any other rights and requirements set forth in Education Code 49060-49078, and
the right of parents/guardians to file a complaint with the U.S. Department of
Education concerning an alleged failure by the district to comply with 20 USC
1232g.
13. A statement that the district forwards education records to other agencies or
institutions that request the records and in which the student seeks or intends to
enroll or is already enrolled as long as the disclosure is for purposes related to the
student's enrollment.
Regulation
approved:
revised:
May 9, 1990
January 15, 2015
MURRIETA VALLEY USD
Murrieta, California